Permanent Rules of the Senate 87Th Legislature (2011
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1.1 PERMANENT RULES OF THE SENATE 1.2 87TH LEGISLATURE (2011 - 2012) 1.3 1. PARLIAMENTARY REFERENCE 1.4 The rules of parliamentary practice contained in Mason's Manual of Legislative Procedure 1.5 (1989 edition) govern the Senate in all cases in which they are applicable, and in which they are 1.6 not inconsistent with these rules and orders of the Senate and the joint rules and orders of the 1.7 Senate and House of Representatives. 1.8 2. REPORTING OF BILLS 1.9 Every bill, memorial, order, resolution or vote requiring the approval of the Governor must 1.10 be reported to the Senate on three different days before its passage. 1.11 (a) The first report, called the first reading, is made when it has been received for 1.12 introduction. 1.13 (b) The second report, called the second reading, is made when it has been considered by 1.14 all the necessary standing committees and is ready for debate. 1.15 (c) The third report, called the third reading, is made when it is ready for final passage. 1.16 3. BILL INTRODUCTION 1.17 3.1 Bills, memorials, and concurrent or joint resolutions may be introduced by a member 1.18 or by a standing committee. 1.19 3.2 The name of the author, authors, or committee must be written on the bill, memorial or 1.20 resolution. The number of authors may not exceed five. 1.21 3.3 An original and two copies are required for introduction. 1.22 3.4 A member or a committee desiring to introduce a bill, memorial or concurrent or joint 1.23 resolution shall deliver it to the office of the Secretary, and the Secretary shall promptly deliver 1.24 all the bills, memorials or concurrent or joint resolutions to the President who shall present 1.25 them to the Senate. 1.26 3.5 During the period between the last day of the session in any odd-numbered year and 1.27 the first day of the session in the following year, a bill filed with the Secretary for introduction 1.28 must be given a file number and may be unofficially referred by the President, with the approval 1.29 of the Chair of the Committee on Rules and Administration, to an appropriate standing committee 1.30 of the Senate. All bills filed for introduction during this period must be presented to the Senate 1.31 when it reconvenes and must be referred to the standing committees previously indicated by the 1.32 President, subject to objection to the referral under Rule 4.10. 1 2.1 4. BILL REFERRAL 2.2 4.1 The President shall refer each bill without motion to the proper standing committee 2.3 unless otherwise referred by the Senate. 2.4 4.2 A bill or resolution may not be referred to committee or amended until it has been 2.5 given its first reading. 2.6 4.3 A member may not object to a bill or resolution on its introduction. 2.7 4.4 All bills appropriating money, or obligating the state to pay or expend money, or 2.8 establishing a policy which to be effective will require expenditure of money, when referred to 2.9 and reported by any other than the Committee on Finance, must be referred before passage to 2.10 the Committee on Finance. 2.11 4.5 All bills delegating rulemaking to a department or agency of state government and all 2.12 bills exempting a department or agency of state government from rulemaking, when referred to 2.13 and reported by any other than the Committee on State Government Innovation and Veterans, 2.14 must be referred before passage to the Committee on State Government Innovation and Veterans. 2.15 4.6 All bills creating a new commission, council, task force, board, or other body to which a 2.16 member of the legislature will be appointed must be referred before passage both to the Committee 2.17 on State Government Innovation and Veterans and to the Committee on Rules and Administration. 2.18 4.7 All bills authorizing or increasing a sentence of imprisonment to a state correctional 2.19 institution must be referred before passage to the Committee on Judiciary. 2.20 4.8 All resolutions required to follow the same procedure as bills must be referred before 2.21 passage to the Committee on Rules and Administration. 2.22 4.9 A bill introduced by a committee need not be referred to a standing committee unless a 2.23 question arises. It must lie over one day before being given its second reading. 2.24 4.10 A member may question the reference of a bill during the order of business of first 2.25 reading on the day of introduction. When a member questions the reference of a bill, the bill must 2.26 be referred without debate to the Committee on Rules and Administration to report the proper 2.27 reference. Upon adoption of the report of the Committee on Rules and Administration, the bill 2.28 must be referred accordingly. 2.29 5. RECALL FROM COMMITTEE 2.30 5.1 With the concurrence of the chief author of the bill, before the deadline for committee 2.31 action on a bill, a majority of the whole Senate may recall the bill from a committee and re-refer it 2.32 to any other committee or place it on General Orders. After the committee deadline for action 2 3.1 on a bill, 41 affirmative votes of the whole Senate may recall the bill from any committee and 3.2 re-refer it to any other committee or place it on General Orders. 3.3 5.2 By a report of the Committee on Rules and Administration adopted by the Senate, the 3.4 Committee on Rules and Administration, on request of the chief author, may remove a bill from 3.5 committee and re-refer it to any other committee or place it on General Orders. 3.6 6. RESOLUTIONS 3.7 6.1 Memorial resolutions addressed to the President or the Congress of the United States, 3.8 or a house or member of Congress, or a department or officer of the United States, or a state or 3.9 foreign government, joint resolutions, and resolutions requiring the signature of the Governor 3.10 must follow the same procedure as bills before being adopted. 3.11 6.2 A resolution may not be changed to a bill, and a bill may not be changed to a resolution. 3.12 6.3 When a member gives notice of intent to debate a resolution not required to follow 3.13 the same procedure as bills and not offered by the Committee on Rules and Administration, the 3.14 resolution must lie over one calendar day without debate or other action. 3.15 6.4 Upon the request of a member, the resolution must be referred to the proper committee. 3.16 If a question arises concerning the proper reference the procedure provided by Rule 4.10 applies. 3.17 7. BUDGET TARGETS 3.18 7.1 The Committees on Taxes and on Finance must hold hearings as necessary to determine 3.19 state revenues and appropriations for the fiscal biennium. 3.20 7.2 At least 15 days before the deadline for committees other than the Committee on 3.21 Finance to act favorably on omnibus appropriations bills, targets for the general fund budget must 3.22 be publicly announced by the Chair of the Committee on Finance or the Chair of the Committee 3.23 on Rules and Administration. Subsequent adjustments to the targets required under this rule shall 3.24 be made by public announcement of the chair of the Committee on Rules and Administration. 3.25 7.3 The omnibus tax and appropriation bills are: 3.26 (1) the omnibus tax bill; 3.27 (2) the education appropriations bill; 3.28 (3) the higher education appropriations bill; 3.29 (4) the health and human services appropriations bill; 3.30 (5) the environment and natural resources appropriations bill; 3 4.1 (6) the agriculture and rural economies appropriations bill; 4.2 (7) the jobs and economic growth appropriations bill; 4.3 (8) the commerce and consumer protection appropriations bill; 4.4 (9) the energy, utilities and telecommunications appropriations bill; 4.5 (10) the judiciary and public safety appropriations bill; 4.6 (11) the state government innovation and veterans appropriations bill; 4.7 (12) the transportation appropriations bill; and 4.8 (13) the omnibus capital investment bill. 4.9 An omnibus appropriation or tax bill may not be divided. 4.10 7.4 An amendment to an omnibus appropriation or tax bill that is a Senate file or an 4.11 unofficial engrossment of a House file is out of order if it will increase net appropriations from 4.12 a fund for a fiscal biennium, compared to the bill as it was reported to the floor of the Senate, 4.13 without a corresponding increase in net revenue. 4.14 7.5 An amendment to an omnibus appropriation or tax bill that is a Senate file or an 4.15 unofficial engrossment of a House file is out of order if it will reduce net revenue to a fund for a 4.16 fiscal biennium, compared to the bill as it was reported to the floor of the Senate, without a 4.17 corresponding reduction in net appropriations.